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Terms and Conditions of Access to Data.
BMT UK Ltd (the "Licensor") is the owner of the data, software and documentation concerning global wave statistics together known as Global Wave Statistics Online. Any electronic or hardcopy of the data, software or documentation shall contain the Licensor's copyright notice.
You should promptly notify the Licensor in writing if anyone makes a claim against you that Global Wave Statistics Online infringes their copyright. Licensor shall, at its option take over and defend such claim, make its Global Wave Statistics Online non-infringing, obtain for you the right to use Global Wave Statistics Online, or give you a full refund. This is your only remedy in the event of such a claim for infringement.
The Licensor grants a non-exclusive license (the "License") to you to access and use data provided free of charge and data which you have selected and paid for (the "Data") subject to the conditions of this Agreement. You may not sell, transfer, sub- license, barter, lend or lease the Data.
It is a condition of granting of this License to use the Data that you accurately complete the Registration process.
You agree to take all reasonable steps to safeguard your access password, and in any case not to disclose this to any other person. We reserve the right to cancel your current password at any time for security purposes.
- Data Protection
You understand and agree that the Licensor may pass on information provided by you for the purposes of verifying your identity and credit status, and for obtaining payment, as part of the purchase by you of Data. This may involve transmission of your details outside the European Economic Area.
This license is effective until terminated. You may terminate it at any time by destroying all hard copies of the Data, deleting all Data held electronically, and informing Licensor that you have done so and wish to terminate the License. Termination by you shall not relieve you of the obligation to pay for Data which you have requested, to which you have already been granted access and which by reason of its nature cannot be returned.
The Licensor may terminate this License in the event that you breach any of the terms hereof. In the event of notification of termination by Licensor you shall destroy all hard copies of the Data and delete all Data held electronically.
- Failure of Delivery of Data
If you are unable to access Global Wave Statistics Online Data which you have requested, paid for, and to which Licensor has notified you that you have been granted access, you must advise Licensor immediately. In this case Licensor may, at its option, either ensure that you are able to access such Data or make a full refund of the price you have paid.
- Limited Warranty
The Licensor shall refund in full the price you paid for the Data in the event, and to the extent that the Data is shown to be materially inaccurate within sixty days of purchase.
Owing to the nature of the product, refunds will not be made except in the circumstances given above.
- Disclaimer of Other Warranties and Liabilities
Except for the limited warranty described above there are no warranties, either express or implied for Global Wave Statistics Online. The Licensor expressly disclaims all other warranties including (without limitation) implied warranties of merchantability and fitness for any particular purpose.
Global Wave Statistics Online IS A SPECIALIST PRODUCT SUITABLE FOR USE ONLY BY PERSONS HAVING THE NECESSARY PROFESSIONAL EXPERTISE. BY AGREEING TO THESE TERMS AND CONDITIONS YOU CONFIRM THAT YOU HAVE SATISFIED YOURSELF THAT THE DATA IS SUITABLE FOR YOUR INTENDED PURPOSE AND THAT YOU HAVE THE EXPERTISE TO USE THE DATA FOR THAT PURPOSE.
LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE RESULTS OBTAINED BY ANY MANIPULATION BY YOU OF THE DATA.
- Limitation of Liability
A further limitation in addition to the above is that the Licensor's liability for damages for any cause whatsoever and regardless of the form of action whether in contract, tort or otherwise shall not exceed the amount you paid for the Data and you shall indemnify and hold harmless the Licensor against any liability in excess of this amount. The limitations set out in this clause shall not apply to the liability of the Licensor (if any) for death or personal injury caused by the negligence of the Licensor.
If for any reason whatsoever any one or more of the provisions of this Agreement shall be deemed inoperative, unenforceable or invalid by any court having jurisdiction, the other provisions shall nonetheless remain in full force and effect.
This Agreement shall be governed and construed in accordance with English Law and any dispute arising in respect of this Agreement shall be subject to the jurisdiction of the English Courts.
Payment will be collected by BMT Group Ltd (Company No 01887373) on behalf of BMT UK Ltd.
BMT Group Ltd
1 Park Road